Irizarry v. Comm'r of Soc. Sec.

Full title: TONI IRIZARRY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court: United States District Court, S.D. New York

Date published: Nov 18, 2022

1:20-cv-9453-GRJ (S.D.N.Y. Nov. 18, 2022)

Opinion

1:20-cv-9453-GRJ

11-18-2022

TONI IRIZARRY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

GARY R. JONES, UNITED STATES MAGISTRATE JUDGE:

ORDER

GARY R. JONES, UNITED STATES MAGISTRATE JUDGE:

Pending before the Court is Plaintiff's Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. (Docket No. 31.) The parties have filed a Stipulation, (Docket No. 34) stipulating that Plaintiff should be awarded six thousand four hundred dollars ($6,400.00) in attorney's fees under the Equal Access to Justice Act.

Upon due consideration, it is ORDERED:

1. Plaintiff is awarded attorney's fees under the EAJA in the amount of $6,400.00. The payment of attorney's fees is subject to any offsetting debt owed by the Plaintiff to the United States. Before the Commissioner shall be obligated to pay the EAJA fees and costs, the Commissioner must determine whether Plaintiff owes a debt to the government. In the event the United States Department of the Treasury determines that Plaintiff does not owe a federal debt, the Commissioner must then pay the fees directly to Plaintiff's counsel.

2. The Clerk must TERMINATE Plaintiff's Motion for Attorney's Fees (Docket No. 31) as a pending motion and then close the file.